Two tour group companies are seeking dismissal of a federal wrongful death lawsuit filed against them after White Plains teen Tyler Madoff was swept out to sea July 4 while on a guided tour in Hawaii.
Golden, Colo.-based Bold Earth Teen Adventures and Kealakekua, Hawaii-based Hawaii Pack and Paddle LLC, claim the lawsuit filed by Tyler’s parents in August in federal court in Honolulu was filed in the wrong court.
In motions filed Nov. 1 in federal court, the companies argue that the 15-year-old’s parents, Michael and Marianne, entered into two contracts prior to the trip, binding them to litigate any lawsuit in Jefferson County, Colo., which is the county where Bold Earth is headquartered. A “Liability Agreement” was executed electronically “more than five months before the trip” and a “Parent Agreement” was hand-signed by Marianne “more than three months before the trip,” the motions say…
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